SECTIONS 25980-25984 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25980-25984

25980. For purposes of this section, the following terms have the
following meanings:
(a) A bird includes, but is not limited to, a duck or goose.
(b) Force feeding a bird means a process that causes the bird to
consume more food than a typical bird of the same species would
consume voluntarily. Force feeding methods include, but are not
limited to, delivering feed through a tube or other device inserted
into the bird's esophagus.

25981. A person may not force feed a bird for the purpose of
enlarging the bird's liver beyond normal size, or hire another person
to do so.

25982. A product may not be sold in California if it is the result
of force feeding a bird for the purpose of enlarging the bird's liver
beyond normal size.

25983. (a) A peace officer, officer of a humane society as
qualified under Section 14502 or 14503 of the Corporations Code, or
officer of an animal control or animal regulation department of a
public agency, as qualified under Section 830.9 of the Penal Code,
may issue a citation to a person or entity that violates this
chapter.
(b) A citation issued under this section shall require the person
cited to pay a civil penalty in an amount up to one thousand dollars
($1,000) for each violation, and up to one thousand dollars ($1,000)
for each day the violation continues. The civil penalty shall be
payable to the local agency initiating the proceedings to enforce
this chapter to offset the costs to the agency related to court
proceedings.
(c) A person or entity that violates this chapter may be
prosecuted by the district attorney of the county in which the
violation occurred, or by the city attorney of the city in which the
violation occurred.

25984. (a) Sections 25980, 25981, 25982, and 25983 of this chapter
shall become operative on July 1, 2012.
(b) (1) No civil or criminal cause of action shall arise on or
after January 1, 2005, nor shall a pending action commenced prior to
January 1, 2005, be pursued under any provision of law against a
person or entity for engaging, prior to July 1, 2012, in any act
prohibited by this chapter.
(2) The limited immunity from liability provided by this
subdivision shall not extend to acts prohibited by this chapter that
are committed on or after July 1, 2012.
(3) The protections afforded by this subdivision shall only apply
to persons or entities who were engaged in, or controlled by persons
or entities who were engaged in, agricultural practices that involved
force feeding birds at the time of the enactment of this chapter.
(c) It is the express intention of the Legislature, by delaying
the operative date of provisions of this chapter pursuant to
subdivision (a) until July 1, 2012, to allow a seven and one-half
year period for persons or entities engaged in agricultural practices
that include raising and selling force fed birds to modify their
business practices.